Cite as: 535 U. S. 654 (2002)
Scalia, J., dissenting
Our prior opinions placed considerable weight on the practical consequences of expanding the right to appointed counsel beyond cases of actual imprisonment. See, e. g., Scott, 440 U. S., at 373 (any extension of Argersinger would "im-pose unpredictable, but necessarily substantial, costs on 50 quite diverse States"); see also Argersinger, 407 U. S., at 56-62 (Powell, J., concurring in result) (same). Today, the Court gives this consideration the back of its hand. Its observation that "[a]ll but 16 States" already appoint counsel for defendants like respondent, ante, at 669, is interesting but quite irrelevant, since today's holding is not confined to defendants like respondent. Appointed counsel must henceforth be offered before any defendant can be awarded a suspended sentence, no matter how short. Only 24 States have announced a rule of this scope.4 Thus, the Court's decispondent was tried before a judge in State District Court, a court of record; he subsequently exercised his right, under Ala. Code § 12-12-71 (1995), to trial de novo before a jury in State Circuit Court, a higher court of record. See Ex parte Maye, 799 So. 2d 944, 947 (Ala. 2001).
4 Ten of the thirty-four States cited by the Court do not offer appointed counsel in all cases where a misdemeanor defendant might suffer a suspended sentence. Six States guarantee counsel only when the authorized penalty is at least three or six months' imprisonment. See Idaho Code §§ 19-851(d)(2), 19-852(a) (1948-1997); State v. Hardman, 120 Idaho 667, 669-670, 818 P. 2d 782, 784-785 (App. 1991); Md. Ann. Code, Art. 27A, §§ 2(h)(2), 4(b)(2) (1957-1997); Nev. Rev. Stat. §§ 178.397, 193.120 (1996); N. M. Stat. Ann. §§ 31-16-2, 31-16-3 (2000); State v. Woodruff, 124 N. M. 388, 396, n. 3, 951 P. 2d 605, 613, n. 3 (1997); Ohio Rules Crim. Proc. 2(C), 44(A) (2002); 18 Pa. Cons. Stat. § 106(c) (1998); Pa. Rules Crim. Proc. 122(A), (B) (2002); Commonwealth v. Thomas, 510 Pa. 106, 111, n. 7, 507 A. 2d 57, 59, n. 7 (1986). South Dakota does not provide counsel where the maximum permissible sentence is 30 days' imprisonment, S. D. Codified Laws § 22-6-2 (1998), if "the court has concluded that [the defendant] will not be deprived of his liberty if he is convicted," §§ 23A-40-6, 23A- 40-6.1. Texas's statute declares that appointed counsel should be offered to any defendant "charged with a misdemeanor punishable by confinement," Tex. Code Crim. Proc. Ann., Art. 26.04(b)(3) (Vernon Supp. 2002), but the state courts have construed this provision to require appointment only "when the court knows that the punishment it will assess includes
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